Gujarat High Court
Rekhaben Babubhai Vagh vs Vaghabhai Bhikhabhai Vagh on 7 April, 2025
NEUTRAL CITATION
C/FA/1257/2014 JUDGMENT DATED: 07/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1257 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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REKHABEN BABUBHAI VAGH & ORS.
Versus
VAGHABHAI BHIKHABHAI VAGH & ORS.
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Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,2,3,4,5
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 07/04/2025
ORAL JUDGMENT
1. This Appeal is filed challenging the judgment and award dated 21.12.2013 passed by learned Motor Accident Claims Tribunal (Auxi), Rajula, at Rajula in M.A.C.P No.721 of 2011 (Old M.A.C.P. No.277 of 2009).
2. Heard learned advocate Mr. Hemal Shah for appellants, learned advocate Mr.Vibhuti Nanavati for respondent No.3- Page 1 of 9 Uploaded by RINKU MALI(HC01574) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:00:01 IST 2025 NEUTRAL CITATION C/FA/1257/2014 JUDGMENT DATED: 07/04/2025 undefined Insurance Company. Though served, none appeared for respondent Nos.1 and 2.
3. The brief facts of the case are as under:
3.1. On 27.08.2009, deceased-Babubhai Mulibhai Vagh was travelling as a pillion rider on Hero Honda Motorcycle bearing Registration No.GJ-14-N-3390 which was owned by opponent No.2. Opponent No.1 was driving said Motorcycle with an excessive speed in rash and negligent manner and when motorcyclist reached at the place of accident and suddenly, because of a pit has come on the road, opponent No.1 lost control over the said motorcycle and resultantly, deceased-
Babubhai Mulibhai Vagh fell down from the motorcycle and sustained serious injuries. Ultimately, deceased died due to accidental injuries sustained in the said accident. FIR was lodged at Pipavav Marine Police Station being C.R. No-I-60 of 2009 against the opponent No.1. The legal heirs of the deceased filed Claim Petition claiming compensation of Rs.20 Page 2 of 9 Uploaded by RINKU MALI(HC01574) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:00:01 IST 2025 NEUTRAL CITATION C/FA/1257/2014 JUDGMENT DATED: 07/04/2025 undefined lakhs against opponents. Notices were served. Opponent Nos.1 and 2 appeared and filed joint Written Statements at Exhibit-14. Opponent No.3-Insurance Company appeared and filed Written Statement at Exhibit-20. Issues were framed. Claimant No.1 i.e. the widow of the deceased filed examination-in-chief at Exhibit-23 and also examined witnesses namely Iliyaskhan Hamirnavasi and Dhanjibhai Nathabhai at Exhibits-27 and 34 respectively. Claimants produced Appointment Order of deceased, FIR, Panchnama, P.M. Report, Revenue Records showing agricultural lands stands in the name of deceased, salary slip of deceased in support of claim petition. After considering oral as well as documentary evidence and material placed on record, learned Tribunal partly allowed the claim petition filed by the legal heirs of the deceased by directing opponent Nos.1 and 3 to pay compensation of Rs.12,49,000/- to the claimants with 9% interest from the date of claim petition till realization. Page 3 of 9 Uploaded by RINKU MALI(HC01574) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:00:01 IST 2025
NEUTRAL CITATION C/FA/1257/2014 JUDGMENT DATED: 07/04/2025 undefined 3.2 Being aggrieved and dissatisfied with the impugned judgment and award, appellants-original claimants have filed the present First Appeal before this Court for enhancement of compensation.
4. Learned advocate for the appellants has submitted that deceased was aged about 32 years at the time of accident and was serving in Ultratech Cement Company as a helper in the laboratory at Kovaya, from which, deceased was getting monthly salary of Rs.10,465/- per month. It is further submitted that by way of agricultural activities, deceased was getting Rs.40,000/- per year in the form of agricultural income. It is further submitted that oral deposition of Iliyaskhan Hamirnavasi recorded at Exhibit-27 supports the case of claimants. So far as the income is concerned, confirmation order of deceased was produced at Exhibit-28 and salary slips of deceased were also produced vide Exhibits- 31 to 33. As per salary slip Exhibit-31, deceased was getting Page 4 of 9 Uploaded by RINKU MALI(HC01574) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:00:01 IST 2025 NEUTRAL CITATION C/FA/1257/2014 JUDGMENT DATED: 07/04/2025 undefined salary of Rs.10,465/- per month. However, learned Tribunal has considered Rs.8,400/- as income of deceased from employment and Rs.600/- per month income from agricultural activities. It is further submitted that learned Tribunal while awarding compensation has ignored settled principle of law and did not consider the future prospective income of the deceased. It is further submitted that learned Tribunal has not awarded any compensation under the heads of funeral expenses and loss of estate. It is further submitted that claimants are five in numbers being widow, three minor child and the mother of deceased. Compensation under the head consortium ought to have been awarded as per the settled law.
5. Per contra, learned advocate for the respondent No.3- Insurance Company has supported the impugned judgment and award and has submitted that though evidence of witnesses was recorded as well as salary slips were produced on record, learned Tribunal has interpreted oral as well as Page 5 of 9 Uploaded by RINKU MALI(HC01574) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:00:01 IST 2025 NEUTRAL CITATION C/FA/1257/2014 JUDGMENT DATED: 07/04/2025 undefined documentary evidence in its true sense and has rightly assessed income of the deceased at Rs.9,000/- per month. So far as multiplier is concerned, it is submitted that looking to the age of deceased and in view of the settled principle of law, multiplier of 16 ought to have been considered instead of multiplier of 17. It is further submitted that learned Tribunal has erred in deducting 1/3rd instead of 1/4th amount towards personal and living expenses.
6. I have considered submissions canvassed by the learned advocates for the parties and perused record and proceedings. It appears from the record that as per salary slip Exhibit-31, total income of deceased was Rs.10,465/-, however, learned Tribunal has erred in deducting provident fund and other deductions from the salary, which is not permissible. Amount of tax is only required to be deducted from the salary of deceased. Thus, considering the deduction of tax from the salary, income would come to Rs.10,000/- (Rs.10,161 less Page 6 of 9 Uploaded by RINKU MALI(HC01574) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:00:01 IST 2025 NEUTRAL CITATION C/FA/1257/2014 JUDGMENT DATED: 07/04/2025 undefined Rs.150/- = Rs.10,111/-). Adding 40% as prospective income in the income of deceased, total income of deceased would come to Rs.14,000/-. Considering the age of deceased and number of claimants, multiplier of 16 and deduction 1/4 th under the personal and living expenses are required to be considered. The future loss of income of deceased would come to Rs.20,16,000/- (14,000 less 1/4 th x 12 x 16).
7. From the impugned judgment and award, it also appears that learned Tribunal has not considered any compensation under the head of funeral expenses and loss of estate, under which, claimants are entitled to compensation in view of the settled principle of law.
8. Considering the above facts, claimants are entitled to following amount of the enhanced compensation;
Sr. Name of the Head Amount in Rs.
1 Future Loss of Income
Income per month Rs.10,000/-
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NEUTRAL CITATION
C/FA/1257/2014 JUDGMENT DATED: 07/04/2025
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Prospective Income (40%)
Rs.10,000/- + Rs.4,000/- Rs.14,000/-
1/4th deduction towards
personal expenses
Rs.14,000/- less Rs.3,500/- Rs.10,500/-
Rs.10,500/- x 12 x 16 20,16,6000/-
2 Loss of estate 18,150/-
3 Funeral expenses 18,150/-
4 Loss of consortium
Rs.48,400/- x 5 2,42,000/-
Total 22,94,300/-
Amount awarded by tribunal 12,49,000
Enhanced amount of compensation 10,45,300/-
11. The Insurance Company is directed to deposit the enhanced amount of compensation of Rs.10,45,300/- with 7.5% interest per annum within a period of six weeks from the date of receipt of the copy of this order.
12. The present First Appeal is partly allowed accordingly. The judgment and award dated 21.12.2013 passed by learned Motor Accident Claims Tribunal (Auxi), Rajula, at Rajula in Page 8 of 9 Uploaded by RINKU MALI(HC01574) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:00:01 IST 2025 NEUTRAL CITATION C/FA/1257/2014 JUDGMENT DATED: 07/04/2025 undefined M.A.C.P No.721 of 2011 (Old M.A.C.P. No.277 of 2009) , is modified to the aforesaid extent.
13. Once the enhanced amount is deposited by the Insurance Company, the learned Tribunal shall disburse the same in favour of the claimants through RTGS by following the prevailing procedure and due identification.
14. While making the payment, the Tribunal shall deduct the Courts Fees, if not paid, in accordance with rules / law.
15. Record and proceedings, if any, be sent back to the concerned Court/Tribunal.
(D. M. DESAI,J) RINKU MALI Page 9 of 9 Uploaded by RINKU MALI(HC01574) on Fri Apr 11 2025 Downloaded on : Sat Apr 12 01:00:01 IST 2025